Pre- & Postnuptial Agreement Attorneys in Corpus Christi & Dallas, TX

According to the Texas Department of State Health Services, there were 71,123 divorces in 2015. Engaged couples who decide to get married usually agree to share their assets. Unfortunately, things don't always turn out as planned. In the event of a divorce or legal separation, a marital agreement can help protect each person’s assets and give both spouses peace of mind.

If you are considering drafting a prenuptial or postnuptial agreement with your spouse or fiancé, consulting with experienced Texas family law attorneys is important for proper guidance. We are dedicated to offering comprehensive guidance and knowledgeable representation in legal matters of marital agreements. Our team can offer you the experienced legal support and advocacy you need to navigate important decisions.

At The Torres Law Firm, we proudly serve clients across Corpus Christi, Texas, and the surrounding areas of Dallas and Fort Worth.

Marital Agreements Defined

A marital agreement is a legal contract specifying how a couple's assets will be divided or distributed in the event of marriage dissolution or the death of one of the spouses. Through a marital agreement, both spouses can clearly define expectations, protect their children and finances, and set parameters for assets division in the event of a divorce.

Prenuptial vs. Postnuptial Agreements

In Texas, there are two types of marital agreements — prenuptial and postnuptial.

Prenuptial Agreements

A prenuptial agreement (or “prenup”) is a marital agreement entered into by engaged couples before getting married. Prenuptial agreements are often used when one party has huge assets or will receive a large estate from a family trust. A prenuptial agreement can help:

• Determine how assets will be divided in the event of a divorce

• Describe each spouse's responsibilities and obligations

• Provide for children from a previous relationship or marriage

• Protect estate plans and ensure that family assets remain within the family

• Protect either spouse from the debts or liabilities incurred by the other party

• Determine how finances, expenses, and household bills will be shared

Postnuptial Agreements

A postnuptial agreement (or “postnup”) is a marital agreement entered into by a couple that is already married. Some married couples may decide to enter into a postnup in order to achieve any of the following:

• Protect a family business or investments

• Protect against liabilities or debts incurred by the other spouse

• Clarify each spouse’s financial responsibilities and obligations during the marriage

• Determine how marital property will be divided in the event of a divorce

• Define parameters for potential spousal support or alimony

• Determine how debt or liabilities will be shared

• Determine what happens to their real property and other assets upon the death of either spouse

The Truth About Marital Agreements

A divorce or the death of one spouse is often accompanied by serious financial ramifications. The purpose of the marital agreement is to help cushion these effects and ensure a smooth transition. Nevertheless, you should note that a marital agreement:

• Isn't "only for people who expect to get divorced"

• Isn't "only for the wealthy"

• Isn't unfair or harmful to the “less-wealthy” spouse

Rather, marital agreements can:

• Help define expectations and draw clear boundaries, making life easier

• Provide a means through which both parties can have an honest, open discussion about what's important to each of them

• Prepare for the uncertainties of life

Making Sure Agreements Are Enforceable

The state of Texas, legally speaking, believes that a marital agreement without proper legal representation may be unfair to either spouse. Therefore, when drawing up a prenuptial or postnuptial agreement, having a different lawyer representing each spouse is preferred. An experienced attorney can help simplify the process, meet all necessary procedural requirements, keep the conversation productive, and make sure that the prenuptial or postnuptial agreement is enforceable.

Work with Knowledgeable Attorneys

Preparing for the uncertainties of life is important. Whether you are planning to get married or are already married, a prenuptial or postnuptial agreement can benefit and protect you and your fiancé or spouse. A knowledgeable Texas family law firm can help explore your options and offer you the proper support you need to draft your marital agreement.

Our team is committed to providing experienced legal guidance and helping clients draft marital agreements and documents. We will be available to discuss your situation, educate you about the advantages and risks involved, and help you understand your legal options.

As your legal counsel, we will identify how best to protect your accumulated assets, children, and future. We will also ensure that the prenuptial or postnuptial agreement is valid, fair to both sides, and meets all legal requirements for enforceability. We will work diligently to address your needs and concerns and help you and your spouse achieve the best available outcome.